Terms of Service
These terms and conditions apply between you, the User of Services provided and The TruLight Project, the owner of the Services and this Website. Your agreement to comply with and be bound by these terms and conditions and to grant any and all licenses required is deemed to occur upon your acceptance of these terms and conditions prior to your first user of the Services.
Definitions and Interpretations
In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings: “Account” means collectively the personal information, payment information and credentials used by Users to access the Services through the mobile application; “Agreement” means this binding agreement that shall come into effect between the User and The TruLight Project following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the mobile application; “Fees” means the sum of money paid by Users at monthly or annual intervals to keep their Account active and to enable them to access the Services; “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier; “Services” means collectively the online facilities, tools, services or information that The TruLight Project makes available through the mobile application either now or in the future; “Subscription Period” means the period for which a subscription has been purchased by way of payment of Fees; “User/Users” means any third party that accesses the mobile application and the Services that is not employed by The TruLight Project and acting in the course of their employment; and “Website” means the website on which these terms and conditions appear (trulightproject.com) and any sub domains of that website accessed over any protocol, unless expressly excluded by these terms and conditions.
Unless the context otherwise requires, each reference in these terms and conditions to: “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;
a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
a Clause or paragraph is a reference to a Clause of these terms and conditions.
the headings and numbering used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
Words imparting the singular number shall include the plural and vice versa. References to a gender shall include the other gender.
Provision of Services
The TruLight Project shall use its best and reasonable endeavors to provide the Services on an error-free basis and without interruption.
Notwithstanding, The TruLight Project does not provide any guarantee that provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend provision of the Services without prior notice to Users. By accepting these terms and conditions the User acknowledges that the Services may change in form or nature at any time.
The TruLight Project shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.
Notwithstanding The TruLight Project’s right to perform any of the actions detailed in this Clause without prior notice, The TruLight Project shall use its best and reasonable endeavors to provide such notice whenever possible.
Access to Services
The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.
If the User is unable to comply with the requirements of Clause 3.1 they shall be prohibited from using the Services and must not accept these terms and conditions.
In order to use the Services, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions the User represents and warrants that: any information that is submitted is accurate and truthful; all such information will be kept accurate and up-to-date; and the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact The TruLight Project immediately to suspend their Account and cancel any unauthorized orders or payments that may be pending. In the event that unauthorized use is made prior to the User notifying The TruLight Project of the unauthorized nature of the order or payment, The TruLight Project will suspend access to the Services and the withdrawal of any scheduled payments pending investigation. Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.
The terms of Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.
Fees
Fees commence when a user enters into a new subscription with The TruLight Project, either before or after a trial. The User’s credit/debit card will be billed on activation and monthly /annually thereafter (depending on if User has monthly or annual subscription). One-off payments are charged at the time of payment.
The first payment will be at the price advertised on the mobile application or Website. The TruLight Project reserves the right to change Fees from time to time.
If a User cancels their Account, access to the mobile application will terminate at the end of that paid period. No refunds will be available.
If a User’s payment fails to clear or is declined for whatever reason then access to the Service will be immediately suspended. The Service will recommenced once a debit or credit card payment is successfully completed.
Use of Services
Users are permitted to use the Services only in accordance with: these terms and conditions; and any relevant law, regulation or other applicable instrument in their particular jurisdiction.
Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by The TruLight Project. Users shall not attempt to download, convert, crawl, or otherwise reverse-engineer any part of the Services.
The restrictions set out in Clause 5.3 shall not apply to Content submitted or created by a particular User where that User is downloading their Content, using the Service as intended.
Users may not engage in any conduct that may disrupt provision of the Services by The TruLight Project.
Users may not reproduce, copy, duplicate, trade or resell the Services.
Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at The TruLight Project’s discretion.
Intellectual Property
Subject to the exceptions in Clause 7 of these terms and conditions, all Content included on the mobile application, unless submitted or created by Users, including but not limited to text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of The TruLight Project, our affiliates or other relevant third parties. By accepting these terms and conditions the User acknowledges that such material is protected by applicable United States and International intellectual property and other laws.
Subject to Clause 9 Users may not reproduce, copy, distribute, store or in any other fashion reuse material from the mobile application unless otherwise indicated on the mobile application of unless given express written permission to do so by The TruLight Project.
Third Party Intellectual Property
Where expressly indicated, certain content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from the mobile application.
The exception in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
8. Links to Other Websites
This mobile application may provide link to other websites as part of the Services. Unless expressly stated, such websites are not under the control of The TruLight Project or that of our affiliates. The TruLight Project assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this mobile application does not imply any endorsement of that website or of those in control of it.
9. Privacy and Data Protection
The TruLight Project is defined as the Data Processor and the Client is the Data Controllers.
Use of the mobile application and the Services is also governed by The TruLight Project’s Privacy Policy which is incorporated into these terms and conditions by this reference.
The Client, as Data Controller, appoint The TruLight Project as a Processor to process the Personal Data as described on the Client’s behalf.
The TruLight Project will only process the Personal Data to provide the Services or otherwise to comply with applicable laws or regulatory requirement.
The TruLight Project will ensure that any person with access to or processing the Personal Data is subject to a duty of confidence.
The TruLight Project will take appropriate technical and organizational security measures to ensure the security of processing and protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized access or disclosure or unlawful processing. The Client authorizes The TruLight Project to appoint sub-processors as they deem appropriate or necessary for the provision of the Services.
The TruLight Project will provide mechanisms for the Client to download all Personal Data at any time, to delete the record of a single Data Subject, and to delete all Personal Data at the end of the contract.
The TruLight Project will submit to Client audits, inspections, provided the Client pays an applicable audit fee in full, and in advance of the commencement of such audit.